My State requires consent to use or disclose health information. Does the HIPAA Privacy Rule take away this protection?
No. The Privacy Rule does not prohibit a covered entity from obtaining an individuals consent to use or disclose his or her health information and, therefore, presents no barrier to the entitys ability to comply with State law requirements. Wont the HIPAA Privacy Rules minimum necessary standard impede the ability of workers compensation insurers, State administrative agencies, and employers to obtain the health information needed to pay injured or ill workers the benefits guaranteed them under State workers compensation system? No. The Privacy Rule is not intended to impede the flow of health information to those who need it to process or adjudicate claims, or coordinate care, for injured or ill workers under workers compensation systems. The minimum necessary standard generally requires covered entities to make reasonable efforts to limit uses and disclosures of, as well as requests for, protected health information to the minimum necessary to accomplish the intended purpose. For dis
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- My State requires consent to use or disclose health information. Does the HIPAA Privacy Rule take away this protection?
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